Opinion
June 19, 1953.
Present — Dore, J.P., Cohn, Callahan, Breitel and Bergan, JJ.
The question as to the status of the petitioner as a director, his good faith in seeking the examination, and also whether or not a sufficient oral demand was made on the corporation should be referred to an Official Referee to hear and report to Special Term. The written demand in this case was not proper. The application should be held in abeyance pending the coming in of the referee's report. Settle order on notice.